Study On Illegal Operation Of Securities Or Futures Business

Operation of the securities or futures is an important part of the securities or futures market. With the constant improvement of the market economy, financial markets into the high stage of development. Subsequent securities or futures increasingly rampant illegal trade practices,such as illegal underwriting unlisted shares,financial futures and other new ground of crime.Criminal law relating to securities or futures criminality requirement is relatively simple, relatively for some new crime, classified as the 225th crime of illegal business operations regulation. This departure from the typical case, discussed the securities or futures illegal business cases in the process of handling the issues involved and the practice of combining domestic and foreign legislation put forward legislative proposals feasible.In this article, other than the introduction is divided into four parts. First, this paper defines the "related to securities or futures illegal transactions crime of illegal business operations" the behavior of the scope of regulation, specifically the securities or futures crime, securities or futures illegal transactions, and the concept and the extension of the Crime of Illegal Business Operations on securities or futures. Secondly, the combination of case studies of how the illegal securities and futures trading behavior qualitatively, in the process of identify crime related to joint crime, crime of the amount involved of calculation is analyzed. Again, on the basis of identified criminal securities or futures illegal distinction between crimes and related crimes, The main distinction between the securities or futures illegal business operations crimes and crime of fraud, crime of floating stocks without authorization and crime of establishing financial institutions without authorization. Finally, from an empirical perspective on the securities or futures made the crime of illegal legislative proposals, recommended the establishment of relevant judicial convergence system, improve judicial interpretation, and the proposed establishment of special charges in the criminal law.